“Hey! You! Get Off of My Cloud!”

9:36 pm
0 Comment

The firm is pleased to announce publication of the article – “Copyright Law in the Age of Cloud Computing” – by Kelley C. Keller, Esq. and included in the February 2013 Issue of BusinessWoman Magazine.  Cloud computing, a leading-edge technology allowing for storing and sharing data on centralized web-based servers rather than physical, has garnered significant attention in the intellectual property community owing to its unique position in relation to copyright.  Due to the lack of contractual relationship between copyright owners and cloud service providers, copyright owners must rely on other methods to assert liability for infringement.  The Digital Millennium Copyright Act (DMCA) allows for certain exemptions to infringement liability for providers, yet still leaves room for copyright owners to pursue compensation on the basis of vicarious or contributory infringement.  Court rulings on infringement by cloud providers, uniquely, have favored defendants when no prior opportunities to remedy the infringement have been extended.  The implication is that copyright owners must be diligent in assuring that their own works are not infringed upon, and seek relief through the DMCA’s notice and takedown system prior to litigation.  Click Here for the BusinessWoman Magazine February 2013 Digital Issue.  Please note the article begins on Page 9.

3-D Printing Revisited: Patently Innovative

11:59 pm
0 Comment

In a previous blog post, we discussed some concerns about copyright and safety issues connected with the growing availability of 3-D printers.  But 3-D printing is not all doom and gloom!. 3-D printing, also known as additive manufacturing, presents many possibilities for both technological innovation and art.  While the concern in our first post focused.. read more →

What is a trade secret and why do we care anyway?

2:14 am
0 Comment

Trade secrets had more prominent mention in the news in 2013 than any other year in recent memory.  But what is a trade secret and how does it relate to the main categories of intellectual property (IP)—copyrights, trademarks, and patents?  For that matter, why do we care about trade secrets? Trade secrets are defined by.. read more →

New Study Indicates Piracy is Not Devastating Creative Content Industries

12:42 am
0 Comment

It is an oft-repeated claim of the creative content industries (such as the Motion Picture Association of America [MPAA] and the Recording Industry Association of America [RIAA]) that copyright infringement through digital piracy/file-sharing is devastating to them.  This point in turn gets repeated by politicians when introducing legislation intended to curb digital piracy.  Huge, shocking,.. read more →

Taking Care of Local Business Part 6

1:04 am
0 Comment

This past Saturday, the firm’s founder, Kelley C. Keller, Esq. appeared as a guest on Michael Parks’ weekly radio program, “Taking Care of Business,” on WHP 580.  This was Attorney Keller’s sixth and final appearance on the program in 2013. Last time, September 14, Attorney Keller talked about effective strategies for selecting and adopting trade.. read more →

Firm Founder Kelley Clements Keller Publishes New Article on Trade Dress Protection for Pharmaceuticals

12:38 am
0 Comment

The firm is pleased to announce that Kelley C. Keller, Esq. was recently published in the Chicago-Kent Journal of Intellectual Property.  The article, Free Riders at the Drugstore: Generics, Consumer Confusion, and the Public Good, appears in the lead position of the journal’s current issue.  Keller’s article explores the legal and social tension between the.. read more →

Texas Adopts the Uniform Trade Secrets Act

12:26 am
0 Comment

On September 1, 2013, Texas implemented the Uniform Trade Secrets Act (UTSA).  The bill, S.B. 953 (Texas Uniform Trade Secrets Act [TUTSA]) passed the Texas Senate and House in April, with only one (1) vote against it in either chamber.  Texas is the 47th state to adopt the UTSA.  Prior to the TUTSA, Texas law.. read more →

Protecting Your Brand Online: Trademarks, Generic Top Level Domains, and Cybersquatting

2:29 am
0 Comment

For the last two decades, websites have been limited to a few generic top level domains (gTLDs), some of the most common being .com, .net, .org (for nonprofits), and .gov (for government sites). Well, get ready for that to change.  As summer comes to an end, so too, do the evaluations of applications for websites.. read more →

Changes Coming for U.S. Intellectual Property Enforcement

11:12 pm
0 Comment

Victoria Espinel, the first U.S. Intellectual Property Enforcement Coordinator (IPEC), stepped down from her position on August 12, 2013.  Espinel had served in that capacity since late 2009. The position of U.S. IPEC was created through the PRO-IP Act of 2008 and placed in the Executive Office of the President (in the Office of Management.. read more →

Taking Care of Local Business Part 5

11:02 pm
0 Comment

This past Saturday, the firm’s founder, Kelley C. Keller, Esq. appeared as a guest on Michael Parks’ weekly radio program, “Taking Care of Business,” on WHP 580. The appearance was Attorney Keller’s fifth of six she will be making this year. On the September 14 program, Attorney Keller reminds us that the law does not.. read more →